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Dubai Court of Appeal Upholds The Sanctity of An Arbitral Award: Majority Signatures Sufficient for Valid Arbitral Awards
On the 29th of April 2024, the Dubai Court of Appeal (COA) issued a landmark judgement…
Suited & booted: how will clashes between English and Russian courts over sanctions-related disputes impact western parties?
Four years ago we commented upon the introduction of a Russian counter-sanction known as the "Lugovoy Law", which permitted Russian parties to seek…
The Incentive Regime for Large Investments May Create A Unique Opportunity for Foreign Investment
The Law "Bases and Starting Points for the Freedom of the Argentine People"(Bases Law) creates the Incentive Regime for Large Investments (RIGI)…
Section 1782. Arbitration. District court orders Section 1782 discovery in aid of foreign arbitration proceeding.
In Re: Ex Parte Application Pursuant To Section 204 Of The Federal Arbitration Act and A.R.S. § 12-1507 For An Order To Provide Documents And/Or…
Ukraine: UANIPIO launches Mediation Center with new opportunities for IP right holders
Legal Alert Intellectual Property Tech Kyiv | July 2024 Ukraine: UANIPIO launches Mediation Center with new opportunities for IP right holders The…
Arbitration. Enforcement of ICSID Award. Foreign Sovereign Immunities Act. D.C. Circuit refuses to apply EU law to invalidate confirmation of an ICSID award where the underlying dispute preceded Romania's accession to the EU.
Prior to Romania's accession to the EU, the Romanian government adopted a number of tax incentives aimed at prodding investment in "certain…
Arbitrator Finds Non-Compliance with Hospital’s Vaccination Policy Grounds for Discipline
Arbitral jurisprudence concerning mandatory vaccination policies has continued to develop since the first Ontario labour arbitration award was…
SCOTUS term in review
This Term included a number of high profile and significant decisions in several areas of the law. Most notably, in the area of administrative law…
Arbitration. Vacatur. District court confirms arbitration award, holding that damages estimate that was "no more than a guess" was not a manifest disregard of the law.
In September 2022, Mercantile Global Holdings, Inc. ("Mercantile") and Hamilton M&A Fund, SP ("Hamilton") entered into two investment agreements…
Arbitration. Sanctions. Seventh Circuit affirms confirmation of award that awarded legal fees even though agreement provided that each side would pay its own counsel costs.
Sun Holdings, Inc. ("Sun Holdings") purchased a workers' compensation policy from American Zurich Insurance ("American Zurich"). Sun Holdings was…
Enforcing a Foreign Judgment in England and Wales: Checklist for Enforcement under the Common Law Regime
Globalisation and cross-border transactions have led to an increase in litigation involving parties from different jurisdictions. When a party…
Arbitration Asia - India Recalibrates Policy on Dispute Resolution Mechanisms in Public Procurement Contracts
Over the past decades, India has seen arbitration grow in prominence as a preferred dispute resolution mechanism. Arbitration offers several…
Sian Participation Corp (In Liquidation) (Appellant) v Halimeda International Ltd (Respondent) (British Virgin Islands)
The recent Privy Council Decision in Sian Participation Corp (In Liquidation) v Halimeda International Ltd [2024] (SPC) has overturned a principle of…
Another Step Forward for Enforcement of Foreign Court Judgments in the United Arab Emirates
In a recent decision dated 4 June 2024, the Dubai Court of Cassation (Court of Cassation) in Case No. 392 of 2024 held that a summary judgment issued…
Arbitration: An Effective Dispute Resolution Mechanism for Crypto Disputes in Vietnam
The rise of cryptocurrency and block chain technology has revolutionized various industries, including finance, supply chain management…
Supreme Court resolves conflict on the issue of territorial jurisdiction for seeking extension of time in an arbitration
In the recent decision of Chief Engineer (NH) PWD (Roads) vs. BSC&C and C JV, the Hon’ble Supreme Court of India (“Supreme Court”) held that the…
Arbitration. Arbitrability. Appellate court reverses the trial court's order granting motion to withdraw from arbitration and litigate in state court as otherwise permitted under California Code of Civil Procedure section 1281.97.
In 2016, Plaintiff Massiel Hernandez ("Hernandez") executed an arbitration agreement with Defendant Sohnen Enterprises, Inc. ("Sohnen"), that stated…
Balancing Arbitration Awards and Consumer Law: English Court of Appeal gives verdict on when consumer rights would prevent enforcement
When do consumer rights override the enforcement of arbitral awards? In Eternity Sky v Zhang [2024] EWCA Civ 630, the Court of Appeal confirmed that…
Arbitration. Anti-Suit Injunction. Comity. District court grants petition to compel the withdrawal of an ex parte injunction issued by a Mexico City court because the injunction was issued in violation of a forum selection clause and arbitration clause.
Plaintiff, Forbes IP (HK) Limited ("Forbes"), is a Hong Kong entity that handles the licensing of intellectual property outside the United States…
MYR 2024: FAA Transportation Workers Act Exception
Podcast 07.24.24 Details July 24, 2024 By almost any measure, 2024 is a memorable year for employment and labor law — and it’s only halfway done. Our…
Ninth Circuit Continues to Expand Transportation Worker Exemption Under Federal Arbitration Act
Courts are finding more workers who do not physically transport goods or people across state lines to be transportation workers exempt from…
UK Court of Appeal rules that that courts can order parties to engage in ADR: Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416
The England and Wales Court of Appeal (EWCA) has held that in certain circumstances, the courts can order parties to engage in alternative dispute…
MYR 2024: Trends + Developments in the Arbitration Space
By almost any measure, 2024 is a memorable year for employment and labor law — and it’s only halfway done. Our timely report, Mid-Year 2024: Now +…
Papua New Guinea Adopts New Arbitration Laws
On July 9 2024, Papua New Guinea’s (PNG) Arbitration (Domestic) Act 2024 (Domestic Arbitration Act) and Arbitration (International) Act 2024…
Workplace Relations Commission Annual Report 2023
On 20 May 2024, the Workplace Relations Commission ("WRC") published its Annual Report for 2023. The report outlines the effectiveness of the WRC…
Bias at Bay: Supreme Court Sets Limits on Challenging Arbitration Awards
The Supreme Court in a recent judgement in Avitel Post Studios Ltd. & Ors. v. HSBC PI Holdings (Mauritius) Ltd. Civil Appeal Nos. 3835-3836 of 2024…
Dubai Court of Cassation Confirms That Contractual Preconditions to Arbitration Are Matters of Admissibility and Not Jurisdiction
The Dubai Court of Cassation (Court of Cassation), in its recently surfaced decision in Case No. 1514 of 2022, held that issues relating to the…
IIAC MSE Regulations: Paving the way for the future of Institutional Arbitration
Institutional arbitration has been gaining momentum in India in recent years, with the government taking significant steps to promote arbitration as…
Retentions in UAE Construction Contracts: A Comparative Analysis
The United Arab Emirates (UAE) relies heavily on well-defined construction contracts to ensure the smooth execution of its many building projects…
Inadequately Reasoned Arbitral Award Not Enforced by Hong Kong Court
In the case of A v B & Ors [2024] HKCFI 751 (date of reasons for decision: 13 March 2024) the Hong Kong court set aside an order granted to enforce…